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Paul Merrell

State department designates German rapper turned Islamic State 'operative' - The Long War Journal - 0 views

  • The State Department announced today that Denis Cuspert, a German member of the Islamic State, has been added to the US government's list of specially designated global terrorists. Cuspert previously performed as a rapper, going by the name of Deso Dogg, and even briefly toured with the popular American performer known as DMX. Some of Cuspert's music is still available for purchase in the US and elsewhere online. However, State explains that as a result of his designation as a terrorist "all property subject to US jurisdiction in which Cuspert has any interest is blocked and US persons are prohibited from engaging in transactions with him or to his benefit." US citizens cannot, therefore, legally purchase his rap songs online if he receives proceeds from the sale. According to State, Cuspert is "a foreign terrorist fighter and operative for ISIL," or the Islamic State of Iraq and the Levant. (The group calls itself the Islamic State, but the US government refers to it by the acronym of its previous name, or ISIL.) "Cuspert joined ISIL in 2012 and has appeared in numerous videos on its behalf, the most recent dating from early November, in which he appears holding a severed head he claims belongs to a man executed for opposing ISIL." Cuspert, who is 39 years old, "spent time in jail for various offensives" in Germany before traveling to Syria. He is still "wanted by the German government on suspicion of involvement in terrorist activities in his home country."
  • There has been some controversy over whether or not Cuspert is really alive. He has been reported dead in the past. Some of the confusion is owed to Cuspert's nom de guerre, Abu Talha al Almani, which has been used by other Islamic State jihadists, including one who was killed in Syria last year.
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    There are some obvious first amendment issues with banning the purchase of music, magnified when the music carries a political message. Where, as here, the purpose is not to regulate speech but has an incidental effect on speech, the restriction will be upheld only "if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest." United States v. O'Brien, 391 U.S. 367, 377 (U.S. 1968).  There is a strong argument here that the State Department is not using the least restrictive means of blocking Cuspert's income from sale of his music, i.e., the government could instead leavy against Cuspert's share of the revenue from the recording studio.  I presume that either the studio or citizens who wish to purchase Cuspert's music would have standing to mount such a legal challenge. The argument would basically be that the statute and regulation are overbroad as applied to activity protected by the First Amended. A First Amendment "as applied" challenge leaves the court with discretition to leave the statute and regualtion unchanged, but judicially create an exception. 
Paul Merrell

Top Stories - U.S. has Military Bases in at least 38 Countries and Sent Weapons to 94 Countries in Last 5 Years - AllGov - News - 0 views

  • The old recruiting slogan was “Join the Navy and See the World.” Those advertisements were prescient; the U.S. military has a presence of some kind in 171 nations and jurisdictions in addition to the United States and its possessions. Many times the presence is one officer as a military attaché or similar post or even a military dependent. But some countries host significant numbers of members of the U.S. armed forces. The two countries hosting the most members of the U.S. military are the two the U.S. conquered in World War II. There were 49,503 members of the military in Japan as of the end of last year, according to the Department of Defense. Germany was next with 38,826 members of the U.S. armed forces stationed there. Although it’s difficult to nail down the exact worldwide number of U.S. military sites, the most recent Department of Defense report lists buildings in 38 foreign nations and territories. The U.S. has 179 bases in Germany and 109 installations in Japan.
  • Other countries have much smaller U.S. contingents. Greenland is the home of 142 lucky Air Force personnel. Fourteen members of different military branches are now stationed in Vietnam, 40 years after U.S. troops abandoned the ill-fated war there. And there’s likely a very short line at the PX in Mongolia; only four U.S. military personnel are stationed in that land-locked Asian nation. Indeed, U.S. bases can come in a variety of shapes and sizes, according to David Vine, author of Base Nation: How US Military Bases Abroad Harm America and the World. They include “small radar facilities in Peru and Puerto Rico….Even military resorts and recreation areas in places like Tuscany and Seoul are bases of a kind; worldwide, the military runs more than 170 golf courses.” Even where the U.S. doesn’t send military personnel, the U.S. does send weapons. The United States is the world largest arms exporter. From 2010 to 2014, Americans sent weapons to at least 94 countries, according to a report (pdf) by the Stockholm International Peace Research Institute (SIPRI). The country that got the largest share of the weaponry was South Korea, at 9%, followed by the United Arab Emirates at 8% and Australia at 8%. The United States accounts for 31% of the world’s arms exports, followed by Russia at 27% and China at 5%.
  • These Are All the Countries Where the U.S. Has a Military Presence (by Annalisa Merelli, Quartz) Base Structure Report: Fiscal Year 2014 Baseline (Department of Defense) (pdf) Trends in International Arms Transfers, 2014 (by Pieter D. Wezeman and Siemon T. Wezeman, SIPRI) (pdf) U.S. Will Close 15 Military Bases in Europe, but Keep Troop Levels the Same (by Steve Straehley, AllGov) U.S. Dominates Weapons Export Market as Profits Grow with Sales to the Middle East (by Noel Brinkerhoff, AllGov)
Paul Merrell

Microsoft to host data in Germany to evade US spying | Naked Security - 0 views

  • Microsoft's new plan to keep the US government's hands off its customers' data: Germany will be a safe harbor in the digital privacy storm. Microsoft on Wednesday announced that beginning in the second half of 2016, it will give foreign customers the option of keeping data in new European facilities that, at least in theory, should shield customers from US government surveillance. It will cost more, according to the Financial Times, though pricing details weren't forthcoming. Microsoft Cloud - including Azure, Office 365 and Dynamics CRM Online - will be hosted from new datacenters in the German regions of Magdeburg and Frankfurt am Main. Access to data will be controlled by what the company called a German data trustee: T-Systems, a subsidiary of the independent German company Deutsche Telekom. Without the permission of Deutsche Telekom or customers, Microsoft won't be able to get its hands on the data. If it does get permission, the trustee will still control and oversee Microsoft's access.
  • Microsoft CEO Satya Nadella dropped the word "trust" into the company's statement: Microsoft’s mission is to empower every person and every individual on the planet to achieve more. Our new datacenter regions in Germany, operated in partnership with Deutsche Telekom, will not only spur local innovation and growth, but offer customers choice and trust in how their data is handled and where it is stored.
  • On Tuesday, at the Future Decoded conference in London, Nadella also announced that Microsoft would, for the first time, be opening two UK datacenters next year. The company's also expanding its existing operations in Ireland and the Netherlands. Officially, none of this has anything to do with the long-drawn-out squabbling over the transatlantic Safe Harbor agreement, which the EU's highest court struck down last month, calling the agreement "invalid" because it didn't protect data from US surveillance. No, Nadella said, the new datacenters and expansions are all about giving local businesses and organizations "transformative technology they need to seize new global growth." But as Diginomica reports, Microsoft EVP of Cloud and Enterprise Scott Guthrie followed up his boss’s comments by saying that yes, the driver behind the new datacenters is to let customers keep data close: We can guarantee customers that their data will always stay in the UK. Being able to very concretely tell that story is something that I think will accelerate cloud adoption further in the UK.
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  • Microsoft and T-Systems' lawyers may well think that storing customer data in a German trustee data center will protect it from the reach of US law, but for all we know, that could be wishful thinking. Forrester cloud computing analyst Paul Miller: To be sure, we must wait for the first legal challenge. And the appeal. And the counter-appeal. As with all new legal approaches, we don’t know it is watertight until it is challenged in court. Microsoft and T-Systems’ lawyers are very good and say it's watertight. But we can be sure opposition lawyers will look for all the holes. By keeping data offshore - particularly in Germany, which has strong data privacy laws - Microsoft could avoid the situation it's now facing with the US demanding access to customer emails stored on a Microsoft server in Dublin. The US has argued that Microsoft, as a US company, comes under US jurisdiction, regardless of where it keeps its data.
  • Running away to Germany isn't a groundbreaking move; other US cloud services providers have already pledged expansion of their EU presences, including Amazon's plan to open a UK datacenter in late 2016 that will offer what CTO Werner Vogels calls "strong data sovereignty to local users." Other big data operators that have followed suit: Salesforce, which has already opened datacenters in the UK and Germany and plans to open one in France next year, as well as new EU operations pledged for the new year by NetSuite and Box. Can Germany keep the US out of its datacenters? Can Ireland? Time, and court cases, will tell.
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    The European Community's Court of Justice decision in the Safe Harbor case --- and Edward Snowden --- are now officially downgrading the U.S. as a cloud data center location. NSA is good business for Europeans looking to displace American cloud service providers, as evidenced by Microsoft's decision. The legal test is whether Microsoft has "possession, custody, or control" of the data. From the info given in the article, it seems that Microsoft has done its best to dodge that bullet by moving data centers to Germany and placing their data under the control of a European company. Do ownership of the hardware and profits from their rent mean that Microsoft still has "possession, custody, or control" of the data? The fine print of the agreement with Deutsche Telekom and the customer EULAs will get a thorough going over by the Dept. of Justice for evidence of Microsoft "control" of the data. That will be the crucial legal issue. The data centers in Germany may pass the test. But the notion that data centers in the UK can offer privacy is laughable; the UK's legal authority for GCHQ makes it even easier to get the data than the NSA can in the U.S.  It doesn't even require a court order. 
Paul Merrell

Who owns space? US asteroid-mining act is dangerous and potentially illegal - 0 views

  • Nope, a flag is not enough to make the moon a colony.
  • An event of cosmic proportions occurred on November 18 when the US congress passed the Space Act of 2015 into law. The legislation will give US space firms the rights to own and sell natural resources they mine from bodies in space, including asteroids. Although the act, passed with bipartisan support, still requires President Obama’s signature, it is already the most significant salvo that has been fired in the ideological battle over ownership of the cosmos. It goes against a number of treaties and international customary law which already apply to the entire universe. The new law is nothing but a classic rendition of the “he who dares wins” philosophy of the Wild West. The act will also allow the private sector to make space innovations without regulatory oversight during an eight-year period and protect spaceflight participants from financial ruin. Surely, this will see private firms begin to incorporate the mining of asteroids into their investment plans.
  • Supporters argue that the US Space Act is a bold statement that finally sets private spaceflight free from the heavy regulation of the US government. The misdiagnosis begins here. Space exploration is a universal activity and therefore requires international regulation. The act represents a full-frontal attack on settled principles of space law which are based on two basic principles: the right of states to scientific exploration of outer space and its celestial bodies and the prevention of unilateral and unbriddled commercial exploitation of outer-space resources. These principles are found in agreements including the Outer Space Treaty of 1967 and the Moon Agreement of 1979. The US House Committee on Science, Space and Technology denies there is anything in the act which violates the US’s international obligations. According to this body, the right to extract and use resources from celestial bodies “is affirmed by State practice and by the US State Department in Congressional testimony and written correspondence”. Crucially, there is no specific reference to international law in this statement. Simply relying on US legislation and policy statements to justify the plans is obviously insufficient.
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  • Gbenga Oduntan is the author of Sovereignty and Jurisdiction in Airspace and Outer Space: Legal Criteria for Spatial Delimitation. London: Routledge-Cavendish 2012. https://www.routledge.com/products/9780415562126
  • Ever since NASA discovered signs of liquid water on Mars, concerns have been raised about the risk of contaminating the red planet.
  • So what’s at stake? We can assume that the list of states that have access to outer space – currently a dozen or so – will grow. These states may also shortly respond with mining programmes of their own. That means that the pristine conditions of the cradle of nature from which our own Earth was born may become irrevocably altered forever – making it harder to trace how we came into being. Similarly, if we started contaminating celestial bodies with microbes from Earth, it could ruin our chances of ever finding alien life there. Mining minerals in space could also damage the environment around the Earth and eventually lead to conflict over resources. Indeed what right has the second highest polluter of the Earth’s environment got to proceed with some of the same corporations in a bid to plunder outer space? While we’re not there yet, developments towards actual space mining may begin to occur within a decade.
  • Ultimately, the US plans must be understood in the light of existing rules of space law. Money is not a dirty word in space – the total value of the satellite telecommunications industry in 2013 was more than $195bn. Free market principles also apply to the operations of the International Space Station. So, let’s get down to the nitty-gritty.
  • Currently corporations can exploit outer space in a number of ways, including for space tourism and scientific training. Companies may also be allowed to extract certain resources, but the very first provision of the Outer Space Treaty (1967), to which the US is a signatory, is that such exploration and use shall be carried out for the benefit and in the interests of all countries. This therefore prevents the sale of space-based minerals for profit. The treaty also states that outer space shall be the “province of all mankind … and that states shall avoid harmful contamination of space". Meanwhile, the Moon Agreement (1979) has in effect forbidden states to conduct commercial mining on planets and asteroids until there is an international regime for such exploitation. While the US has refused to sign up to this, it is binding as customary international law. The idea that American companies can on the basis of domestic laws alone systematically exploit mineral resources in space, despite huge environmental risks, really amounts to the audacity of greed. The Romans had this all correctly figured out in their legal maxim: “What concerns all must be decided upon by all.”
Paul Merrell

Israel Sued in US over Flotilla Attacks. Civil Law Suit against the State of Israel | Global Research - Centre for Research on Globalization - 0 views

  • Four people, including three Americans, have filed a civil suit against the state of Israel, seeking compensatory damages for injuries suffered during an attack aboard a U.S. ship in international waters during the year 2010. At a Washington press conference, Tuesday, the plaintiffs said they wanted compensation for “the harm and distress, injuries and losses caused by the attack”. Israel has refused to acknowledge responsibility and liability for the attack and is yet to pay compensation to victims aboard the Challenger I, which was part of a Freedom Flotilla set to deliver humanitarian aid and medical supplies to the Gaza Strip, which was and still remains under an Israeli blockade. According to the complaint, the U.S. ship has never been returned by Israel and is still being held there. Israeli special forces stormed the ships and killed nine civilians aboard another ship in the flotilla, the Turkish Mavi Marmara. That event has since frozen relations between Israel and Turkey. That case was referred to the International Criminal Court by the Union of the Comoros because the Turkish vessel was sailing under its flag.
  • The family of a 19-year old American-Turkish national, Furkan Dogan, who was killed in the Mavi Marmara raid, last October, sued former Israeli Defense Minister Ehud Barak on war crimes charges. The latest lawsuit filed Monday is the first U.S. case brought against Israel relating to the Freedom Flotilla. The plaintiffs and their attorneys spoke to Anadolu Agency, following a press conference that announced the suit: “States are generally immune from suit in United States courts. But that immunity is waived in a number of circumstances. When agents of foreign governments commit wrongful acts in the United States that cause personal injury, and egregious acts against U.S. nationals anywhere in the world, they are not entitled to immunity,” said lawyer Steven Schneebaum. He noted that both exceptions apply to the facts of Challenger I case because a U.S. flagged ship falls under U.S. jurisdiction. The case is ground-breaking as it relies on an exception in American law that allows lawsuits to be brought against foreign states, in limited cases.
  • According to professor Ralph Steinhardt, a member of the plaintiffs’ legal team, Israel’s sovereignty does not allow it to attack American flagged civilian ships and attack those on it. “The attack on Challenger I was a patent violation of international law, including the laws of war, human rights, and the law of the sea,” according to the George Washington University international law professor. A UK-based international lawyer representing the plaintiffs, Sir Geoffrey Nice, described the case against Israel as “a real test” for the rule of international law. “This case, alongside the others, the one in the International Criminal Court and the one in California would have the following very clear political outcome: If Israel has enjoyed special privileged status of impunity because of protection by the United State of America, then that impunity is on the way out,” he said.
Paul Merrell

Trump administration sues California over sanctuary laws | The Sacramento Bee - 0 views

  • The Trump administration on Tuesday sued California over its sanctuary policies for undocumented immigrants, setting off a chorus of near-unanimous defiance from California lawmakers.
  • The lawsuit, filed Tuesday evening in the U.S. Eastern District of California, marks a turning point in the ongoing battle between the Trump administration and state and local jurisdictions over how far cities and states can go to block their officers from enforcing federal immigration law. The suit targets three California laws – Senate Bill 54, Assembly bill 450 and Assembly bill 103 – that the federal government say violate the supremacy clause of the U.S. Constitution and interfere with the enforcement of federal immigration laws.
  • “The Trump administration is now going on the offense and is going to use any tools in its tool box to enforce immigration laws,” said a U.S. source who has spoken about the plans with senior administration officials. “They have no expectation in winning in District Court or the 9th Circuit. This is a case that is intended to be ultimately successful in the Supreme Court.”
Paul Merrell

Germany - ECCHR - EUROPEAN CENTER FOR CONSTITUTIONAL AND HUMAN RIGHTS (en) - 0 views

  • ECCHR’s legal intervention filed with the German Federal Public Prosecutor (Generalbundesanwalt – GBA) is aimed at securing an arrest warrant for CIA Deputy Director Gina Haspel. Haspel was appointed to the post by President Donald Trump in February 2017. The information submitted to the GBA by ECCHR on 6 June 2017 documents Haspel’s role in the torture of detainees in 2002 at a secret CIA prison in Thailand. In the dossier, ECCHR argues that Haspel oversaw the daily torture of detainees at the black site in 2002 and failed to do anything to stop it.  “Those who commit, order or allow torture should be brought before a court – this is especially true for senior officials from powerful nations,” said ECCHR’s General Secretary Wolfgang Kaleck. “The prosecutor must, under the principle of universal jurisdiction, open investigations, secure evidence and seek an arrest warrant. If the deputy director travels to Germany or Europe, she must be arrested.”
Paul Merrell

Little consensus within administration on how to stop fall of Aleppo to Assad - The Washington Post - 0 views

  • There is no consensus within the administration about what the United States can or should do to try to bring a halt to the killing and stop what appears to be the increasingly inevitable fall of Aleppo, Syria’s largest city, to government forces.
  • But last Thursday, as the discussion moved up the chain to a contentious White House meeting of national security principals, top defense officials made clear that their position had not changed. They advised a possible increase in weapons aid to opposition fighters but said the United States should focus its own military firepower on the anti-Islamic State mission rather than risk a direct confrontation with Russia. Asked about the perception of a double shift, a senior defense official said the Pentagon’s position had not changed. “We still believe there are a number of ways to bolster the opposition and not compromise the anti-Islamic State mission,” this official said.
  • But others felt that they had been spun by the defense leadership. Amid increasing internal tension, one senior administration official insisted that both the Syrian opposition and U.S. allies have pressed for a continuation of negotiations and discouraged talk of military intervention. Obama’s position on the subject, this official said, has been “consistent. We do not believe there is a military solution to this conflict. There are any number of challenges that come with applying military force in this context.” In Obama’s recent speech at the United Nations, the official noted, Obama repeated that “there’s no ultimate military victory to be won” in Syria. Instead, Obama said, “we’re going to have to pursue the hard work of diplomacy that aims to stop the violence, and deliver aid to those in need, and support those who pursue a political settlement.” No proposals have been presented to Obama for a decision, and some in the administration think the White House is willing to let time run out on Aleppo, in part to preserve options for a new administration.
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  • De Mistura has predicted that if Russian and Syrian air attacks and artillery bombardment do not stop, the city will fall before the end of the year; the U.S. intelligence community assesses that it could be a matter of weeks.
  • An estimated 275,000 civilians, one-third of them children, and 10,000 rebels are surrounded in the eastern side of the city, now under constant aerial attack
  • While Aleppo is the proximate prize sought by the government and its Russian backers, at least 50,000 opposition fighters — many of whom owe their training, weapons and inspiration in large part to the United States — remain in pockets spread across western Syria. Many of those forces have been advised and supplied by the CIA, whose director, John Brennan, is said to favor military action or, at the very least, dispatching more and better weapons to the opposition, particularly if Aleppo is lost. That decision, which would allow the rebels to continue to fight a guerrilla war, or to defend those pockets of the country still in opposition hands, might not be the administration’s to make. Allied governments in the region, including Qatar, Turkey and, to a lesser extent, Saudi Arabia, have long advocated for increased support for the rebels and could decide on their own to send more sophisticated armaments — some of which, including shoulder-launched antiaircraft weapons, the United States has refused to make available on the grounds that they could end up in the wrong hands.
  • As they assess Russian President Vladi­mir Putin’s goals in Syria, intelligence officials think he is less interested in an outright military victory than in being able to set the terms for a settlement that ensures Assad’s survival. But at least in the short term, they believe, the big winner may be the Front for the Conquest of Syria, the al-Qaeda affiliate formerly known as Jabhat al-Nusra. The jihadist group, which U.S. officials have said is planning “external operations” against the United States, has grown in strength and respect as a formidable, well-equipped fighting force against Assad. While senior White House aides are said to be opposed to U.S. military action, one other official who is said to have argued in favor of a military response is Samantha Power, the U.S. ambassador to the United Nations,
  • Echoing the arguments for accountability in the book, “A Problem From Hell,” Kerry last week publicly called for Russia and Syria to be investigated for war crimes for the targeted killing of civilians and wanton destruction in Aleppo and beyond. On Friday, Moscow described Kerry’s call as “propaganda” and repeated its assertion that the United States, by failing to separate rebel forces from the targetable terrorists it insists control Aleppo, is to blame for the failure of the cease-fire. According to international-law experts, however, the likelihood of a war crimes prosecution of either country is virtually nonexistent. Neither Russia nor Syria belongs to the treaty-based International Criminal Court, and a referral to its jurisdiction would require a resolution by the U.N. Security Council, a body in which Russia holds a veto. At the same time, both the ICC and the International Court of Justice, the United Nations’ judicial branch, are designed to prosecute individuals rather than states.
  • “The law of war crimes is individual and personal,” said Kenneth Anderson, a law professor at American University. “Talk of war crimes trials by itself is not serious,” Anderson said. “It’s an evasion of policy by a state that does not want to have to respond to the concerted actions of another state, another two states.”
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    The WaPo statistics on the number of people surrounded in East Aleppo are way off. Most of the city is government controlled, but WaPo uses the city's entire population as the number of surrounded people. Best estimates for the number surrounded in the cauldron are in the neighborhood of 10,000 fighters and 20,000 of their camp followers. Let's hope that Obama has a sane moment and doesn't buckle to the chickenhawk pressure.
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